Welcome to www.myinfo.ie, myinfo (hereafter “myinfo”), a product owned and operated by myinfo.
By using the myinfo website you agree to be bound by the Terms and Conditions set out herein, which constitute a legally binding agreement, and includes any future amendments made hereto which may be applied. The User is advised to refer back to this section intermittently to review any such amendments which will be highlighted.
CONDITIONS OF USE OF www.myinfo.ie
2. Upon joining/subscribing to the site, each User will be allocated a unique user name and password for the authorized use of the User only. These details are not transferable, and the User shall keep them strictly confidential and secure. A single login shared by multiple people is not permitted. The User is responsible for maintaining the security of his/her account and password. myinfo cannot be held liable if the User’s account is used by another User where this occurs through breach of confidentiality on behalf of the User. The User should notify myinfo immediately if any unauthorized use of his/her account comes to his/her attention.
3. myinfo, at its sole discretion, reserves the right to prohibit access by person(s) to www.myinfo.ie if they are found to be in breach of these Terms and Conditions, at which time the agreement will terminate. Please note that myinfo may terminate your account without notice and without refund for any breach of these Terms.
4. The User may download the reports/graphs electronically; print extracts and make copies of these for his/her own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing the material, in whole or in part, in a structured manner or creating a database in any form comprising all or part of the material.
5. Anyone may become a User of myinfo at no cost (Basic User). As a Basic User, you will be able to use some but not all of the features and services available.
6. In order to access additional features and services such as creating a site, you must become a paying member to the service and will be subject to the additional terms and conditions under the Subscriptions section below.
7. Sites/domain names paid by Cheque or Bank Transfer will NOT be processed or Registered until payment is received. Please note that this can result in your chosen domain name being registered by someone else while we await your payment. Your domain name on www.myinfo.ie is not registered until you receive confirmation of registration.
8. Registration / Renewal is pursuant to acceptance of all charges as listed. All prices are displayed inclusive of the relevant Irish VAT rate.
9. Ordering our services and accessing your account is deemed acceptance of these Terms & Conditions and our Acceptable Use Policies.
10. We do not allow W arez, illegal MP3 content, Pornographic content or IRC Bots.
11. Your myinfo domain name (myinfo web address) remains at all times the property of myinfo and cannot be transferred away from myinfo.
12. Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your server. myinfoaccept no responsibility for any loss of data, however incurred.
13. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
14. When your account is closed, all files (including web pages, etc.) will be deleted.
15. We reserve the right to amend and update these Terms and Conditions at any time without notice.
16. This Agreement is personal to you and your rights and obligations hereunder may not be assigned, leased, transferred or otherwise disposed of by you without the prior written consent of myinfo or its successors or assignees.
17. myinfo shall be entitled to transfer, assign, or dispose of its rights and obligations under this agreement to any third party without the requirement for any further consent from or notice to you and this Agreement shall continue to have effect as if references to myinfo were references to the relevant transferee or assignee as appropriate.
18. Myinfo, Jovian Ltd. ("Myinfo") respects the intellectual property rights of others and expects its users to do the same. It is Myinfo's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
19. In accordance with the USA Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Myinfo will respond expeditiously to claims of copyright infringement committed using the Myinfo website (the "Site") that are reported to Myinfo's Designated Copyright Agent, identified in the sample notice below.
20. If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Myinfo's Designated Copyright Agent. Upon receipt of the Notice as described below, Myinfo will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").
• a. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
• b. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
• c. Provide your mailing address, telephone number, and, if available, email address.
• d. Include both of the following statements in the body of the Notice:
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
21. Copyright Complaint Form
If you receive a notification that a site, image or content has been removed due a copyright complaint, it means that the sites's content has been deleted from Myinfo at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on Myinfo, and your account may be disabled completely.
If you believe a site/content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
• a. Email your counter-notice to email@example.com.
• b. Include ALL of the following:
b1. Your name, address, and telephone number.
b2. DMCA ID printed at the bottom of the notification email.
b3. The source address of the content that was removed (copy and paste the link in the notification email).
b4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
b5. A statement that you consent to the jurisdiction of a District Court for the judicial district in which the address is located, or if your address is outside of Ireland, for any judicial district in which Myinfo may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
o f. A physical or electronic signature (for example, typing your full name).
24. myinfo Credits. Each month during your Subscription Period, the User may be entitled to a certain allocation of myinfo Credits. The User may use these Credits to avail of certain myinfo tools and services. If the credits have a time restriction, then the User must use the credits in the allocated time as any unused credits will not carry-over. Credits cannot be transferred, redeemed or exchanged.
25. Payment. A valid credit card is required to subscribe to the service. The User agrees to pay myinfo all applicable charges at the prices then in effect .
26. Service. The User is entitled to receive the service only during the paid subscription period as specified on the User’s billing details.
27. Auto-renewal. The User’s myinfo subscription will be automatically extended for successive renewal periods of the same duration as the original subscription term unless cancelled by the User. myinfo reserves the right to renew a subscription at the full applicable subscription price in effect at each subsequent renewal period.
28. Change in Amount Authorized. If the amount to be charged to the User’s billing account varies from the amount initially pre-authorized, the User will be contacted by email (as per the User’s myinfo account).
29. Promotions. Any promotion that provides Member-level access to the service must be used within the specified time. A User must cancel his/her subscription before the end of the trial period in order to avoid being charged a subscription fee.
30. Cancellations. The customer is responsible for all charges until a written cancellation request is received by standard mail or scanned letter (sent via email), signed by the account holder/ administrative contact for that account.
32. In the event that myinfo terminates your account for violation of these terms and conditions you will not be entitled to the return of any fees paid with respect to any such terminated account service.
33. You may cancel your account at any time. Once you cancel at least 10 calendar days before the next billing period, you will not be charged. No refunds are provided for cancellation.
35. You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Irish or European law. It is the responsibility of the User to ensure that copyright is not infringed for any content (including images) loaded to the Users site.
36. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
37. We reserve the right to suspend a myinfo site without prior notice, where a site is in breach of our Terms and Conditions or our AUP or can be classed as illegal in any way.
38. Customer may not use myinfo sites to create, host or transmit any unlawful, libellous, abusive, offensive, vulgar or obscene material or engage in activities deliberately calculated to cause unreasonable offence to others.
41. The User shall indemnify myinfo against all costs, claims, demands or expenses incurred by, or made against, myinfo. as a result of any breach of these Terms and Conditions by the User, howsoever arising.
42. To the extent permitted by law, myinfo, its employees, agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or damage, cost or expense, suffered or incurred by the User (whether arising in tort, contract, negligence, infringement of copyright or other intellectual rights) caused by use of myinfo, other than from the wilful negligence of myinfo, its employees, agents or representatives as proven in a court of law.
43. myinfo shall not be liable for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which myinfo has no control but which may be referenced or accessible through myinfo;
44. Although every care is taken in the preparation of information supplied by myinfo. myinfo does not purport to provide advice and is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in myinfo.
46. myinfo does not provide any warranties that the content of myinfo is free of infection by computer viruses or other contamination.
47. myinfo and its agents or representatives do not endorse nor provide any warranties in respect of any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to myinfo.
49. All information/materials other than submitted by Users on myinfo is the property of myinfo. Reproduction of any proprietary information without myinfo’s express permission in writing is prohibited. To request such permission Users should email myinfo: firstname.lastname@example.org
50. myinfo grants permission to anyone interested in re-publishing from our blog content on the condition that myinfo receives written credit and the User puts in place an electronic link to the original content. If you are interested in reproducing or using such blog content in any way, please contact myinfo: email@example.com
51. myinfo shall not be liable for the infringement of intellectual property rights of third parties, where such infringement occurs through the addition of information to myinfo by way of reference, discussion, blogging etc. by any User or external third party. Any such infringement should be notified to myinfo immediately and remedial steps will be taken as soon as practicable.
52. myinfo Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what myinfo expects of them while using the service. All users of myinfo: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our T&C’s (Terms and conditions).
53. Use of myinfo Service constitutes acceptance and agreement to myinfo’s AUP as well as myinfo's T&C’s (Terms and conditions).
The following are guidelines for the establishment and enforcement of the myinfo's AUP:
• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users
56. If a myinfo account is used to violate the Acceptable Use Policy or our T&C’s, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
57. We can remove any content or information from your site if we believe that it violates this AUP.
58. As a member of our network community, you must use your site access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org
59. The following constitute violations of this AUP:
myinfo's services may not be used for illegal purposes, or in support of illegal activities. myinfo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• Harm to minors:
Use of the myinfo service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. You will not use myinfo if you are a convicted sex offender.
• Fraudulent activity:
Use of myinfo service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
• Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) :
Use of the myinfo service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending myinfo account.
• E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending myinfo account.
• E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the myinfo service is in violation of this AUP.
• Unauthorised access:
Use of the myinfo service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of myinfo's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending myinfo account is subject to immediate termination.
• Copyright or trademark infringement:
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
• Collection of personal data:
Use of the myinfo service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Network disruptions and unfriendly activity:
It is the Member's responsibility to ensure that their site is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their site, through action or inaction, to be configured in such a way that gives a third party the capability to use their site in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's site will result in immediate account termination. myinfo will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
• Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
• Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using myinfo services could result in suspension service.
• Third Party Accountability:
myinfo subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
• Any revenue resulting from advertisements anywhere on the myinfo site (main site or Users sites) will belong to myinfo.
• You understand that we may not always identify paid services and communications as such.
• In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
• You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
• Your ads will comply with our Guidelines.
• We will determine the size, placement, and positioning of your ads.
• We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
• We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
• You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
• Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
• You will not issue any press release or make public statements about your relationship with myinfo without written permission.
• We may reject or remove any ad for any reason.
• If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
63. myinfo shall endeavour to provide constant, uninterrupted access to www.myinfo.ie but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.